Andhra Pradesh Court November 2003 Judgments
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Tatireddy Suseelamma and ors. Vs. Atmakur Sambasiva Rao and anr.
Court: Andhra Pradesh
Decided on: Nov-24-2003
Reported in: 2004(1)ALD321
ORDERP.S. Narayana, J.1. Heard the learned Counsel on record.The present CRP is filed under the Article 227 of the Constitution of India by the revision petitioners-plaintiffs aggrieved by the order dated 22.7.2003 made in LA. No. 194 of 2003 in O.S. No. 354 of 2001 on the file of Principal Junior Civil Judge, Kadapacum-III Additional Junior Civil Judge, Kadapa.2. The said application was filed under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure praying to permit the petitioners to amend the plaint. The facts in detail had been narrated in the affidavit filed in support of the application and equally an elaborate counter was filed. The learned Principal Junior Civil Judge, by order dated 22.7.2003, had dismissed the said application on the ground of bar of limitation and also on the ground of the valuation exceeding the pecuniary jurisdiction, if the proposed amendment is allowed.3. I am not inclined to go into these questions for the reason that by virtue of the...
Javvadi Koteswara Rao Vs. Sonti Sambasiva Rao
Court: Andhra Pradesh
Decided on: Nov-24-2003
Reported in: 2004(1)ALD629; 2004(4)ALT614
ORDERG. Yethirajulu, J.1. This revision petition arises from an order passed by the Junior Civil Judge, Kaikalur dated 25-2-2003 in O.S. No. 16 of 2000, which reads as follows;Heard. Objections regarding the admissibility of agreement of sale. As this being a suit for specific performance, Section 49 of Registration Act expressly exempted this class of cases. I hold that the suit document namely this agreement of sale dated 18-8-1999 is admissible in evidence.2. The Lower Court while recording the evidence of P.W.1 gave a ruling to an objection raised by the defendant that an unregistered agreement of sale cannot be marked as it is a compulsorily registrable document under Section 17 of the Registration Act, 1908 (for short 'the Act'). The Lower Court overruled the said objection and passed the impugned order admitting the document. Being aggrieved by the said order, the defendant preferred this revision petition questioning its validity and legality.3. It is contended on behalf of the...
Mangilal and anr. Vs. P. Madhavaiah and anr.
Court: Andhra Pradesh
Decided on: Nov-24-2003
Reported in: 2005(2)ALD136
B.S.A. Swamy, J.1. The Defendants 1 and 2 in OS No. 57 of 1984 are the appellants before this Court. Both the Courts concurrently disbelieved the plea set up by them and decreed the suit. Hence this second appeal.2. The main contention raised by Mr. Vilas V. Afzulpurkar, the learned Counsel for the appellants in this second appeal is that both the Courts below ought to have held that the plaintiff - first respondent herein impliedly surrendered his tenancy over the suit schedule mulgi by his conduct and ought to have dismissed the suit. The undisputed facts of the case are that the suit schedule mulgi abutting main road admeasuring 200 Sq.ft forms part and parcel of whole mulgi bearing No. 15-9-360 ad measuring 460 sq.ft. situated in Muktiar ganj, Hyderabad and the first respondent herein and his predecessor in title were the tenants of the entire mulgi for over 75 years. It is also their case that this is the wakf property endowed to Hazi Tippukhan Bahadur. As the plaintiff was not ha...
Forum for a Better Hyderabad (Confederation of Voluntary Organizations ...
Court: Andhra Pradesh
Decided on: Nov-24-2003
Reported in: 2004(1)ALT500
ORDERG. Rohini, J. 1. This Writ Petition, by way of public interest litigation has been filed by the Forum for Better Hyderabad (Confederation of Voluntary Organizations of Hyderabad), represented by its Chairman Captain J. Rama Rao, seeking a Writ of Mandamus declaring the action of the respondents 1 to 5 in examining and then permitting the proposal to set up International Airport in the prohibited catchment area of Himayatsagar situated in Ranga Reddy District as unconstitutional and violative of Article 21 of the Constitution of India as well as the provisions of the Environment (Protection) Act, 1986 and contrary to G.O.Ms.No. 111 M.A dated 8-3-1996 as well as the judgment of the Supreme Court in A.P. Pollution Control Board II v. M. V. Naidu, (2002) 2 SCC 62.2. The facts which gave rise to the cause espoused in this Writ Petition may be noted in brief.On the basis of an interim report dated 29-12-1993 furnished by the Committee of Experts constituted by the Hyderabad Metropolitan...
V. Jaya Prakash Vs. Commissioner of Municipality, Khapra Municipality ...
Court: Andhra Pradesh
Decided on: Nov-24-2003
Reported in: 2006(4)ALD807
ORDERV.V.S. Rao, J.1. The petitioner impugns the intimation dated 22-2-2003 sent by the first respondent whereby and whereunder the first respondent informed the petitioner that Kapra Municipality will take necessary action in granting building permission for construction of house in Plot Nos. 8 and 9 in Sy.Nos. 13 and 14 of Hasthinapuri, Ammuguda Village, Ranga Reddy District, only after disposal of the suit heing O.S.No. 778 of 2001 on the file of the Court of the Principal Junior Civil Judge (East and North), Ranga Reddy District. He seeks a declaration that refusal to grant permission for construction of house is illegal. He also seeks a consequential direction to the first respondent Kapra Municipality to grant permission for construction of house on the said plots. The writ petition raises an important question as to true construction of Section 215 read with various other provisions of the A.P. Municipalities Act, 1965 ('the Act'). To appreciate the controversy, it is necessary ...
Mohd. Rasool Khan Vs. State of A.P., Home Department
Court: Andhra Pradesh
Decided on: Nov-24-2003
Reported in: 2004(2)ALT57
ORDERV.V.S. Rao, J.1. The petitioner is a resident of Hyderabad. He filed the writ petition seeking the following relief:.........................This Hon'ble Court may be pleased to issue notice and call for records and set aside conviction an sentence of six months R.I. and fine of Rs. 1,000/- for the offence under Section 304-A IPC and fine of Rs. 500/- for the offence under Section 337 IPC in the C.C.No. 276 of 1999 of the file of II Metropolitan Magistrate, Hyderabad, ultimately Confirmed in Crl.R.C.No. 207 of 2001 vide Order dated 15-12-2002 on the file of this Hon'ble Court by issuing a writ certiorari or any other appropriate writ or order or direction as the Hon'ble Court deems fit and proper...............2. In a nutshell, the fact of the matter is that the petitioner was charged with an offence under Section 304-A and 337 of the Indian Penal Code, 1960 (IPC). He was convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- for the...
Chava Rosaiah Vs. Chintala Venkateswarlu and anr.
Court: Andhra Pradesh
Decided on: Nov-21-2003
Reported in: 2004(1)ALD54; 2004(1)ALT327
Devevder Gupta, C.J.1. These two appeals arising out of the order passed by the learned Single Judge in W.P. No. 17871 of 2003 were heard together and are being disposed of by this common Judgment.2. Writ petitioner is appellant in Writ Appeal No. 1790 of 2003 and Respondent No. 2 impleaded in the writ petition is appellant in W.A. No. 1537 of 2003. For convenience sake, the parties will be referred to by their status in the writ petition.3. Facts in brief are that the writ petitioner was elected as Sarpanch of Mathukumalli Gram Panchayat, Savalyapuram Mandal, Guntur District in 1988 and continued as such till 1995. In the fresh elections held in the year 2000, he was again elected as Sarpanch of Gram Panchayat. It appears that the 2nd respondent and some other members submitted a complaint against the petitioner to the Commissioner of Panchayat Raj, Hyderabad, who directed the District Panchayat Officer, Guntur to conduct an enquiry. On 31.12.2002, the District Panchayat Officer issue...
P. Mohanreddy and ors. Vs. Debts Recovery Appellate Tribunal and ors.
Court: Andhra Pradesh
Decided on: Nov-21-2003
Reported in: AIR2004AP94; 2004(1)ALD199; 2004(1)ALT417; II(2004)BC76; (2004)189CTR(AP)256
Devinder Gupta, C.J.1. Petitioners in this petition filed under Article 226 of the Constitution of India on 22.11.1999 are seeking to have the sale by public auction, held on 30.12.1998 with respect to land situated in Survey Nos. 32/1, 32/2, 32/3, 33/ 1, 92 and 93 of Jeedimetla Village and Pet Basheerabad Village (hereinafter referred to as 'the land in question') by the 3rd respondent and the consequential confirmation made on 27.1 1999, set aside as illegal, violative of provisions of the Recovery of Debts due to Bank and Financial Institutions Act, 1993 (Act No. 51 of 1993), (hereinafter referred to as 'the Act'), without authority of law and against the directions of this Court.2. In order to understand the points urged and raised before us, it will be necessary to mention the background facts in which the petitioner filed the writ petition and the other facts and circumstances which were brought to our notice: The petitioners allege that on 10th October, 1991 Respondent No. 5-Soc...
Bommidi Malli Kharjuna Alias Malka and ors. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Nov-21-2003
Reported in: 2004(1)ALD(Cri)391; 2004CriLJ2162
S.R.K. Prasad, J.1. This appeal arises against the judgment rendered by the Assistant Sessions Judge, Kothagudem, in S.C. No. 73 of 1996 convicting and sentencing the accused to undergo R.I. for a period of seven years each for the offence under Section 395, IPC.2. The case of the prosecution can be stated in brief as follows :On the night of 3-7-1995 P.W.1 and his wife, P.W.2 and Madireddy Swarnasree were sleeping in the varandah of the house. At about mid-night P.W. 1 got up and found six persons coming towards his house. They came, tied the hands of P.W.1 and slapped Anjireddy and broke open the door, entered the house and committed theft of 15,000/-rupees cash, a watch as well as the gold ear studs and nose ring of Gampa Anasuya. Similar offence was made in the house of P.W.3. P.W.4 and others. On the strength of a complaint given by P.W. 1, Police registered Ex.P-24 FIR. On 31-10-1995 at about 3.00 p.m. A-1 and A-5 were arrested, and on the strength of the confession said to have ...
State Bank of Hyderabad Vs. T. Meenakshi and anr.
Court: Andhra Pradesh
Decided on: Nov-21-2003
Reported in: IV(2004)BC19
ORDERJ. Chelameswar, J.1. This matter is placed before us pursuant to the reference, dated 20.12.2002 made by one of our brother Judges Sri P.S. Narayana.2. The petitioner is described as Slate Bank of Hyderabad, Gunfoundry Branch, Hyderabad, represented by its Manager. The 1st respondent herein filed a complaint under Section 200 of the Code of Criminal Procedure, 1973 ('the Code' for short) which was numbered as C.C. No. 569 of 2001 on the file of the IV Metropolitan Magistrate, Nampally, Hyderabad. Six persons were accused in the said complaint and the 6th accused in the complaint, whose description we have already noticed earlier, is the petitioner herein,3. The substance of the complaint is that the complainant and the 1st accused are family friends, that the husband of the complainant and the complainant invested some money in a company called M/s. Sri Sainath Worsteds and Synthetics (P) Ltd., and, therefore, they are shareholders of the said company. Some time in the year 1986, ...
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